Assessee made an application for registration on 15.12.2014 i.e., in AY 2015-16 (FY 2014-15). Assessment in question was of year 2011-12.Matter was pending before ITAT. Tribunal held that the registration is allowable as the matter was pending before the ITAT. Allowing the appeal of the revenue the Court held that on the facts submission of application for registration on 15.12.2014, it would be in contravention of S. 12(2) Court held that by virtue of interpretation taken by ITAT, main provision was made redundant on facts of case, though not permissible. Proviso had to be read along with main proviso and not in isolation and contradiction. (AY. 2011-12)
CIT(E) v. Shiv Kumar Sumitra Devi Smarak Shikshan. (2019) 310 CTR 714 /(2020) 269 Taxman 163/422 ITR 468(All.)(HC)
S. 12A : Registration–Trust or institution-Grant of benefit of S.11, 12 for the AY. 2011-12-Application for registration was submitted in AY. 2015-16–Proviso had to be read along with main proviso and not in isolation and contradiction-Registration can be given from the following financial year in which the application for registration is made and subsequent years. [S. 11, 12(2), 12AA]